ARTICLE II

DECLARATION OF
PRINCIPLES
AND STATE POLICIES
SEC 1.
The Philippines is a democratic and
republican State. Sovereignty
resides in the people and all
government authority emanates
from them.
THE PHILIPPINES, A DEMOCRATIC AND REPUBLICAN STATE.

Section 1 adds the word democratic

because the government, while
essentially a republican democracy,
embodies some features of pure or
direct democracy such as initiative,
referendum and recall.
MANIFESTATIONS OF A DEMOCRATIC AND REPUBLICAN STATE:

The existence of bill rights ( Art. III )

The observance of the rule of the
majority
The observance of the principle that
ours is a government of laws and not of
men.
The presence of elections through
popular will.
The observance of the principle of
separation of powers and the system of
 The observance of the law on public
officers and
The observance of the principle that
the State cannot be sued without its
consent.
SOVEREIGNTY OF THE PEOPLE

- this implies the supreme authority to

govern.
1) Exercised indirectly through public
officials.
2) Exercised directly through
suffrage.
RIGHTS OF THE PEOPLE TO REVOLT

Section 1 impliedly recognizes that

the people, as the ultimate judges
of their destiny, can resort a
revolution as a matter of right.
SECTION 2

The Philippines renounces war as an

instrument of national policy, adopts
the generally accepted principles of
international law as part of the law and
adheres to the policy of peace,
equality, justice, freedom, cooperation,
and amity with all nations.
RENUNCIATION OF WAS AS AN INSTRUMENT POLICY

It is in accordance with the United Nations

Charter to refrain in their international
relations from the threat or use force
against to territorial integrity or political
independence of state.
Under Article VI, sec. 23, Constitution of
Congress with the concurrence of two-
thirds of all its members, voting separately,
may declare the existence of a state of war.
ADOPTION OF THE GENERALLY ACCEPTED
PRINCIPLES OF INTERNATIONAL LAW AS PART
OF OUR LAW

International Law- refers to the body

of rules and principles which governs
the relations of nations and their
respective people in their intercourse
with one another.
Herein, an international automatic
adoption of international law as part of
the law of the Philippines, known as the
DOCTRINE OF INCORPORATION.
 1) When international usage to be
applied- international usage or the
customs of civilized nations are given
effect by our courts in the absence of
any treaty, executive order, legislative
act, or judicial decision.
2) A treaty has a force of statute- the
Constitution gives a treaty the same
weight and value as a statute of
Congress.
 3) Constitution prevails over a treaty-
the phrase law of the nation in 1935
Constitution was changed to law of
land in the 1973 Constitution in order
to avoid any conjecture.
ADHERENCE TO THE POLICY OF PEACE, ETC WITH ALL NATIONS.

It shows a positive attitude on the part

of the Philippines toward the
observance of the principles of the
United Nations charter and to
universally accepted rules and
principles of international law.
But, the Constitution does not imply,
however, that the Philippines is duty
bound to extend diplomatic recognition
to all nations.( Sec. 7 )
SECTION 3

Civilian authority is, at all times,

supreme over the military. The Armed
Forces of the Philippines is the
protector of the people and the State.
Its goal is to secure the sovereignty of
the State and the integrity of the
national territory.
SUPREMACY OF CIVILIAN AUTHORITY OVER MILITARY

1) Inherent in the republican system-

the idea of the supremacy of civilian
authority, the highest of such authority
being the President, over the military
has always been recognized in our
jurisdiction by implication of express
provisions from express provisions of
the 1935 Constitution and by practice.
 2) A safeguard against military
dictatorship- A civilian, the President
is the commander-in-chief of all armed
forces of the Philippines; the army, the
navy, the constabulary and the
marines.
ARMED FORCES OF THE PHILIPPINES, PROTECTOR OF
THE PEOPLE AND THE STATE

1) Fearsome image acquired during martial

rule- under the previous regime, particularly
during the martial law, the AFP, became
highly politicized military.
2) Constitutional mandates- The Constitution

seeks to change this state of affairs:

a) through section 3, it defines clearly the
function of the AFP and its goal in the
discharge of this function.
 b) through another provision ( see Art.
XVI, Sec 5. ), the Constitution ensures
professionalism in the armed forces
and insulates it from partisan politics.
C) Support of the people- win the
hearts of the people.
 SECTION 4

The prime duty of the Government is

to serve and protect people. The
Government may call upon the people
to defend the State and, in the
fulfillment thereof, all citizens may be
required, under conditions provided by
law, to render personal military
services.
PRIME DUTY OF THE GOVERNMENT

In both the 1935 and 1973

Constitution- to serve and protect the
people. This is considered
anachronistic. It was taken from the
Constitution of the Spanish Republic.
DEFENSE OF THE STATE BY THE PEOPLE AGAINST
FOREIGN AGGRESSION

While the defense of the state is no

longer prime duty of the government, it
may call upon the people to defend the
State.
The Constitutional approval covers both
time of peace and time of war.
MILITARY AND CIVIL SERVICE OF THE PEOPLE

1) Defense of the state performed

through an army
2) Compulsory
3) Meaning of civil service
4) Personal
5) by law
SEC. 5.

The maintenance of peace and order ,

the protection of life, liberty, and
property, and the promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.
MAINTENANCE OF PEACE AND ORDER, ETC.

The State (Government) shall pursue

the maintenance of peace and order,
the protection of life, liberty and
property, and the promotion of the
general welfare or the common good.
Only when peace and order, security,
and a life of dignity are established and
maintained, will political stability and
economic prosperity become attainable
and the people truly enjoy the
blessings of independence and
SEC. 6
The separation of Church and State
shall be inviolable.
PRINCIPLE OF SEPARATION OF THE CHURCH AND
STATE

1. Implied in other constitutional provisions.

- The principle of the separation of church and
state being inviolable is implied from the
constitutional prohibitions.
No law shall be made respecting an establishment
of religion
No public money or property shall ever be
appropriated, applied, paid, or employed, directly
or indirectly, for the use benefit, or support of any
sect, church, denomination, sectarian institution,
or system of religion.
 2. Meaning
- The church is not to interfere in purely political
matters or temporal aspects of mans life and
the state, in purely matters of religion and
morals, which are the exclusive concerns of the
other.
MEANING OF ESTABLISHMENT OF RELIGION
CLAUSE.

No law respecting an establishment of religion

- has been referred to as the establishment of
religion clause. This clause was intended to
erect a wall of separation between the church
and the state. It means that:
(1) The State shall have no official religion;
(2) The state cannot set up a church, whether
or not supported with public funds; nor aid one
religion, aid all religions, or prefer one religion
over another.
(3) Every person is free to profess belief
or disbelief in any religion;
(4) Every religious minister is free to
practice his calling; and
(5) The state cannot punish a person for
entertaining or professing religious
beliefs or disbeliefs.
NO HOSTILITY TOWARDS RELIGION.

(1) Preamble The command that church

and state be separate is not to be
interpreted to mean hostility to religion.
We the sovereign Filipino people,
imploring the aid of Almighty God
- The Filipino people manifested their
intense religious nature and placed
unfaltering reliance upon him who guides
the destinies of men and nations.
(2) Other provisions/laws Furthermore:
(a) Our constitution and laws exempt
from taxation, properties devoted
exclusively to religious purposes.
(b) The use of public money or property
is not prohibited when a priest,
preacher or dignitary as such is
assigned to the armed forces, or to any
penal institution or government
orphanage or leprosarium.
(c) Optional religious instruction in public
elementary and high schools is by
constitutional mandate allowed.
(d) Thursday and Friday of Holy week,
Christmas Day and Sundays are made
legal holidays because of the secular idea
that their observance is conducive to
beneficial moral results; and
(e) The law punishes polygamy and
bigamy, and certain crimes against
religious worship are considered crimes
the fundamental laws of the state.
SEC. 7

The state shall pursue an independent

foreign policy. In its relations with other
states the paramount consideration
shall be national sovereignty, territorial
integrity, national interest, and the
right to self-determination.
FOREIGN POLICY OF THE
PHILIPPINES.
Foreign policy is the basic direction underlying the
conduct by a state of its affairs vis-a-vis those of
other states. It is a set of guidelines followed by a
government of a country in order to promote its
national interest through the conduct of its
relations with other countries.
(1) Formulation and conduct of foreign policy- Its
importance in the survival and progress of a
country cannot be overemphasized. Foreign
policy is but a reflection and an instrument of
domestic policy. They are not only mutually
consistent but complementary.
(3) Pursuit of an independent foreign
policy
- The constitution mandates the state
to pursue an independent foreign
policy.
(a) An independent foreign policy
simply means one that is not
subordinate or subject to nor
dependent upon the support of another
government.
(b) An independent foreign policy,
however, it is not one that completely
rejects advice or assistance from
(4) Paramount consideration
- The constitution recognizes that in the
pursuit of an independent foreign
policy in an interdependent world, new
realities and new situations may
require the Philippines to make a
reappraisal of the conduct of its foreign
relations.
SEC. 8

The Philippines, consistent with the

national interest, adopts and pursues a
policy of freedom from nuclear
weapons in its territory.
FREEDOM FROM NUCLEAR WEAPONS POLICY

(1) Aim of provision The intent of

Section 8 is to forbid the making,
storing, manufacture or testing in our
country of nuclear weapons, devices or
parts there of as well as the use of our
territory as dumping site for radioactive
wastes and the transit within our
territory of ships or planes with nuclear
weapons.
(2) Ban or nuclear weapons as subject to
exception
- Section 8 does not absolutely ban
nuclear weapons from Philippine
territory. The phrase consistent with
the national interest, may reasonably
be interpreted to mean subject to
national interest, may reasonably be
interpreted to mean subject to
national interest.
(3) Ban as an absolute prohibition
- Section 8 may be understood as
providing no qualification, exception, or
condition if the phrase consistent with
national interest is taken as the
reason for the policy, that is, the
Philippines adopts and pursues the
policy because it is consistent with
national interest.
SECTION IX
The state shall promote a just and
dynamic social order that will ensure
the prosperity and independence of the
nation and free the people from
poverty through policies that provide
adequate social services, promote full
employment, a rising standard of living,
and an improved quality of life for all.
JUST AND DYNAMIC SOCIAL ORDER
1. Policies necessary to be pursued.
The State shall promote a just and
dynamic social order through policies
that provide adequate social services
and promote full employment.
 2. Solving the problem of mass poverty.
The goal is to reduce the political and
economic power of privileged few by
equalizing widely differing standards
and opportunities for advancement and
to raise the masses of our people from
a life of misery and deprivation to a
qualitative life worthy of human dignity
and respect.
SECTION X
The State promote social justice in all
phases of national development.
SOCIAL JUSTICE
This policy mandates the State to
promote social justice in all phases of
national development. The State must
give preferential attention to the
welfare of the less fortunate members
of the community the poor, the
unschooled, the disabled, the
underprivileged those who have less
in life.
SECTION XI
The State values the dignity of every
human person and guarantees full
respect for human rights.
HUMAN DIGNITY AND HUMAN
RIGHTS
A human person is a being and not a
thing. He is entitled to respect , not
because he is right or wrong but
because he is human.
Implied in this principle or policy is the
recognition that the human person is
the end and purpose of every social
organization, the State include.
 It is the duty of the State to enact
measures and develop programs that
will promote human dignity and
safeguard the rights of the people from
any threat of violence or use of force,
deception or any other extra legal
means for the purpose of exploitation
or in the pursuit of wicked ends.
 Respect for each other human rights is
not only a moral obligation but so
imperative if we are to live peacefully
in todays world where interests are
diveresed and often conflicting.
SECTION XII
The State recognizes the sanctity of family life
and shall protect and strengthen the family life
and shall protect and strengthen the family as
a basis autonomous social institution. It shall
equally protect the life of the mother and the
life of the unborn from conception. The natural
and primary right and duty of parents in the
rearing of the youth for civic efficiency and the
development of moral character shall receive
the support of the government.
STRENGTHENING THE FAMILY AS A BASIC
AUTONOMOUS SOCIAL INSTITUTION.
The above declaration mandates the State
to recognize the sacredness of family life
and to strengthen the family.
The government may not enact any law or
initiate measures that would break up or
weaken the family as a social unit, or in the
guise of protecting the family, interfere in
purely internal family matters which do not
involve the social order or any public policy.
 Our Civil Code lays down certain
general principles which sustain the
solidarity of the family not only for the
guidance of the courts and
administrative officials, but also for
their wholesome influence upon the
members of every family.
 RIGHT TO LIFE OF THE UNBORN FROM CONCEPTION
AND OF THE MOTHER.

1. Once conceived, a child has a right to be

born and the right too live.
The Constitutions recognition of the sacred
and inviolable character of every human life
from its beginning until its natural end.
2. The State has still another compelling
interest aside from the right to life of the
unborn- the health of the mother whose life
it shall equally protect.
REARING OF THE YOUTH FOR CIVIC EFFICIENCY AND
DEVELOPMENT OF MORAL CHARACTER.

1. A duty both of parents and

government.
2. Right of State to interfere with
education of children.
3. Power of State to regulate all
schools.
4. The State and parental obligations.